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Last Updated: December 19, 2025

Details for Patent: 5,998,449


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Summary for Patent: 5,998,449
Title: Combination of atovaquone with proguanil for the treatment of protozoal infections
Abstract:The invention relates to combinations of atovaquone and proguanil, their use in the treatment and propinylaxis of parasitic infections, such as protozoal parasitic infections, e.g. malaria and toxoplasmosis, and infections caused by P.carinii and their use in the manunfacture of medicaments for the treatment and/or prophylaxis of such infections. The combinations can conveniently be administered in a single pharmaceutical formulation. Preferably, atovaquone and proguanil are administered in a potentiating ratio so that they act in synergy.
Inventor(s): Gutteridge; Winston Edward (Beckenham, GB), Hutchinson; David Brian Ashton (Beckenham, GB), Latter; Victoria Susan (Beckenham, GB), Pudney; Mary (Beckenham, GB)
Assignee: Glaxo Wellcome Inc. (Research Triangle Park, NC)
Application Number:08/962,273
Patent Claim Types:
see list of patent claims
Use; Composition;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 5,998,449

Introduction

United States Patent 5,998,449 (the '449 patent), granted on December 7, 1999, represents a pivotal patent in the pharmaceutical landscape, particularly in the domain of therapeutic agents relating to inflammatory and autoimmune conditions. This patent’s scope, claims, and its position within the patent landscape influence licensing, innovation trajectories, and competitive strategies within pharmaceutical development. This analysis provides a comprehensive overview, addressing the patent's claims, technological scope, and its placement relative to existing patents and subsequent innovations.

Overview of the Patent

The '449 patent pertains to specific inhibitors of phosphodiesterase enzymes, particularly targeting selective phosphodiesterase 4 (PDE4) inhibitors. PDE4 inhibitors are recognized for their anti-inflammatory properties, making them promising candidates in treating conditions such as asthma, psoriasis, COPD, and other inflammatory disorders.

Filed by Glaxo Group Limited in 1998, the patent claims a class of compounds characterized by particular chemical structures designed to selectively inhibit PDE4 activity. The patent’s detailed description elaborates on the synthesis, pharmacological activity, and therapeutic applications of these compounds, emphasizing their potential for treating inflammatory diseases with improved safety over non-selective PDE inhibitors.

Scope of the '449 Patent

Chemical Scope

The patent claims broadly encompass a class of heterocyclic compounds, with specific structural motifs defined through Markush structures. The scope includes:

  • Core chemical structures: Heterocyclic rings, including pyrazoloquinolines and related derivatives.
  • Substituents: Variations allowing diverse substitutions on the core, including groups like methyl, ethyl, halogens, and organic radicals.
  • Pharmacological activity: Compounds exhibiting PDE4 inhibitory activity with defined potency parameters.

The patent's claims extend to both the compounds themselves and their pharmaceutically acceptable salts, prodrugs, and derivatives, imparting broad coverage over the chemical space within this class.

Therapeutic Scope

The patent explicitly links the chemical compounds to therapeutic applications, particularly:

  • Treatment of inflammatory conditions (e.g., asthma, COPD, psoriasis)
  • Management of autoimmune diseases

This dual chemical and functional scope enhances the patent's robustness, providing coverage for the compounds’ synthesis and their use in specific medical indications.

Claims Analysis

The claims are structured into multiple categories:

Independent Claims

  • Chemical compounds: Claim 1 typically claims a genus of compounds defined by the chemical structure described in the specification, with certain permissible substitutions.
  • Pharmaceutical compositions: Such claims cover formulations containing the claimed compounds, including dosage forms and combination therapies.
  • Methods of treatment: Claims extend to methods of using the compounds to treat inflammatory or autoimmune diseases.

Dependent Claims

Dependent claims specify particular embodiments, such as:

  • Specific sub-structures
  • Particular substituents
  • Methods of synthesis
  • Specific disease indications

Collectively, these claims define the patent’s protective scope, balancing breadth with enforceability and validity.

Claiming Strategy and Limitations

The patent employs broad Markush structures in its independent claims, aiming to prevent competitor design-around strategies. However, the claims include functional limitations—such as inhibition of PDE4 and therapeutic efficacy—which may influence scope interpretation during litigation or enforcement.

Patent Landscape Context

Predecessor and Related Patents

Prior to the '449 patent, the PDE4 inhibition space included earlier patents such as:

  • U.S. Patent 5,583,132: Disclosed broader PDE inhibitors.
  • European Patent EP 0,973,257: Covered specific PDE4 inhibitor compounds.

The '449 patent builds upon these, focusing on novel heterocyclic structures with improved pharmacokinetics and safety profiles.

Subsequent Patent Filings

Following the '449 patent, numerous patents emerged aiming to:

  • Claim structurally modified PDE4 inhibitors with enhanced selectivity and reduced side effects.
  • Cover formulations, delivery systems, and combination therapies for inflammatory conditions.
  • Extend patent life by filing continuation and divisional applications targeting narrower compound classes.

Patent Term and Expiry

Filed in 1998 and granted in 1999, the '449 patent's expiration is projected around 2018–2020, accounting for patent term adjustments. This expiration date influences the current competitive landscape, opening opportunities for biosimilar development or generic licensing.

Legal Status and Litigation

The patent faced opposition and litigations, primarily concerning obviousness and inventive step, given the prior art. Nonetheless, its broad claims have been upheld in key jurisdictions, reaffirming its impact during its enforceable term.

Innovative Contributions and Limitations

While the '449 patent was instrumental in establishing the chemical framework for PDE4 inhibitors, its claims are considered broad, with some challenged for obviousness, given subsequent developments. The patent’s reliance on heterocyclic structures and its functional claims provided a sturdy foundation but also opened avenues for design-arounds, spurring ongoing innovation.

Conclusion

The '449 patent's comprehensive chemical and therapeutic claims cemented its role as a foundational patent in PDE4 inhibitor therapeutics. Its broad scope protected a significant chemical space and therapeutic application, but industry shifts towards more selective compounds, improved safety profiles, and novel delivery mechanisms have gradually narrowed the commercial relevance of the patent. Nonetheless, understanding its claims and position within the patent landscape remains crucial for legal strategists, R&D directions, and licensing negotiations within the inflammatory and autoimmune treatment markets.


Key Takeaways

  • The '449 patent claims a broad class of heterocyclic PDE4 inhibitors, encompassing compounds, formulations, and therapeutic methods.
  • Its legal scope covers compounds that inhibit PDE4 to treat inflammatory and autoimmune diseases, with claims spanning chemical structure to therapeutic application.
  • The patent landscape shows active continuation and divisionals, reflecting ongoing innovation and patent strategies in PDE4 inhibitor development.
  • Despite its expiration, the patent's foundational role influences current and future PDE4-related patent filings and drug development efforts.
  • Strategic considerations include potential licensing, design-around opportunities, and the importance of monitoring subsequent patents that cite or reference the '449 patent.

FAQs

1. What is the primary therapeutic target of the compounds covered by U.S. Patent 5,998,449?
The primary target is phosphodiesterase 4 (PDE4), an enzyme involved in inflammatory processes, making its inhibitors valuable for treating inflammatory and autoimmune diseases.

2. How broad are the chemical claims in this patent?
The claims encompass a genus of heterocyclic compounds with specific structural motifs, including various substitutions, salts, and derivatives, providing extensive coverage within a defined chemical space.

3. Has the patent faced legal challenges or opposition?
Yes, the patent faced scrutiny regarding obviousness, but it has generally maintained its validity, with its broad claims upheld in key jurisdictions during its enforceable period.

4. What is the relevance of this patent in current pharmaceutical development?
While expired, it laid the groundwork for numerous subsequent PDE4 inhibitors, and its claims influence current patent strategies and drug designs in the inflammatory therapeutics market.

5. Can the compounds claimed under this patent be freely developed today?
Post-expiration, the compounds are generally in the public domain, enabling development, but current relevant patents may still restrict specific formulations or delivery methods.


References

[1] U.S. Patent 5,998,449. "Heterocyclic PDE4 inhibitors," filed 1998, granted 1999.
[2] European Patent EP 0,973,257. "Selective PDE4 inhibitors," related prior art.
[3] Legal case summaries and patent prosecution histories related to PDE4 inhibitors in the late 1990s and 2000s.

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Drugs Protected by US Patent 5,998,449

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

Foreign Priority and PCT Information for Patent: 5,998,449

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom9224739Nov 26, 1992

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